Board Minutes - September 2011

Allan Richards made this Freedom of Information request to British Waterways Board

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear British Waterways Board,

I refer to the board meeting held on 21/9/2011.

Can you please provide via whatdotheyknow.com a copy of all
reports, sub committee minutes and other documents mentioned in the minutes of this meeting.

Can you also provide a copy of the minutes and agenda, unless these have already been published on your website.

May I ask that you give full reasons (quoting the relevant section of the FoI Act) for any redacted information.

Bearing in mind your breeches of the freedom of information act in respect of a similar requests, may I remind you of your legal duties in respect of this request.

In particular may I remind you that you are breaking the law by not responding to a similar request for earlier documents related to your July board meeting.

Yours faithfully,

Allan Richards

Dear British Waterways Board,

I note that, customary to your normal practice, you have failed to acknowledge this request for information.

Yours faithfully,

Allan Richards

Information Request,

Dear Mr Richards,

Thank you for your e-mail.

We will now review the information that we hold relating to your request and a response will be sent as soon as possible but in any case within 20 working days of the receipt of your request on 19th September 2011.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
Find out more about the exciting new waterways charity for England and Wales here http://www.britishwaterways.co.uk/charity
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear British Waterways,

Despite acknowledging this request and assuring that you will 'respond as soon as possible but in any case within 20 working days' you have, once again, failed to provide any of the information requested.

You are breaking the law by not responding.

Please provide the information requested and carry out a review to determine why you constantly delay providing information under the FOIA which you should proactively publish within two to three weeks
of a board meeting.

Yours sincerely,

Allan Richards

Information Request,

12 Attachments

Dear Mr Richards,

Please accept my apologies for the lengthy delays in getting these Board meeting papers and minutes to you.

I have now attached all the Board Papers and a copy of the minutes, which are not yet published on the website. You will find a copy of the agenda on our British Waterways website here http://www.britishwaterways.co.uk/about-...

Please note that I have not attached any Committee minutes as none were tabled at this meeting.

Kindest regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear British Waterways,

I refer to your response to my request for papers relating to a board meeting held on 21/9/2011.

http://www.whatdotheyknow.com/request/bo...

My request specifically stated - 'May I ask that you give full reasons (quoting the relevant section
of the FoI Act) for any redacted information.'

However, you have redacted information without doing this.

Please carry out an internal review.

Yours sincerely,

Allan Richards

Allan Richards left an annotation ()

Having upheld a complaint the Information Commisioner has served British Waterways with a decision notice.

The Commissioner finds that BW has breached sections 10(1), 17(1), 17(1)(b) and 17(1)(c) of the FOIA.

BW has been given 35 calender days (from 9/2/2012) to take specified remedial steps.

Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as contempt of court.

Dear British Waterways,

May I remind you that a decision notice in respect of this FOIA requests requires that you take remedial steps within 35 days of 9th February 2012.

Yours faithfully,

Allan Richards

Nigel Johnson,

Dear Mr Richards

 

(1)     Information withheld from the disclosures made in response to your
request were all in reliance upon the exemption contained in s.43(2)
Freedom of Information Act 2000 because the information withheld would or
would be likely to, if disclosed, damage the commercial interests of a
person.  In these cases the information withheld concerned the terms under
which commercial property transactions and other commercial transactions
were entered into (including price) in the context of a competitive market
and disclosure would, or would be likely to, damage the interests of the
counter-party to BW in the transaction.  In some cases the information
withheld was competitive terms under which BW would be prepared to enter
into transactions disclosure of which would, or would be likely to,
prejudice the commercial interests of BW.

(2)    BW considers that it is in the public interest to maintain the
exemption where so replied upon.  The reasons for this are (a) a very
substantial part of BWs overall revenues required to support its public
activities are derived from competitive commercial activities; (b) by
s.134 Transport Act 1968 BW is obliged to carry on these activities as if
it “were a company engaged in a commercial enterprise”; (c) disclosure of
information that would, or would be likely to, prejudice BWs commercial
interests or those of a counter-party would threaten the commercial
revenues sought from such activity. A risk of loss or reduction of
revenues available to be spent on the public functions of BW would be
contrary to  the public interest.  Furthermore information on the overall
performance of BW in conducting its commercial activities is available in
aggregated form in its published Annual Accounts and the public interest
in being able to judge such performance is facilitated by that provision
of information.

 

Yours sincerely

Nigel Johnson

Secretary to the Board

on behalf of British Waterways